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M-4/26/1983 . . . . 237 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF SANTA MONICA, CALIFORNIA APRIL 26, 1983 The regular meeting of the Santa Monica City Council scheduled for Tuesday, April 26, 1983, was called to order by Mayor Edwards at 7:30 P.M. Mayor Edwards led the assemblage in the pledge of allegiance to the United States of America, and introduced Reverend Curtis W. Ringness of Central Assembly of God, who offered the invocation. Roll Call: Present. Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press (entered 7:33 P.M.) Councilmember James P. Conn (entered 7:34 P.M.) Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John Alschuler, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly Councilmember Epstein moved, Councilmember Zane seconded and it was unanimously approved to add Items 4-B, 4-C, 4-D, 7-B, IO-A, Il-G, Il-H, 14-D, and 14-E to the agenda. 4. SPECIAL AGENDA ITEMS: 4-A: Presentation of service pin. Mayor Edwards recognized the service to the City of Manuel R. Arujo (25 years). He was not present. 4-B: Presentation of commendation to the winner of the 1983 Santa Monica Arts Commission poster competition. Mayor Edwards presented the commendation to poster competition winner Joe Molloy. Bruria Finkel Chairwoman of the Visual Arts Committee and Commissioner of the Arts Commission that undertook the poster competition project, made a brief presentation on the preparation of the poster competition proJect. 4-C: Presentation of Proclamation for Child Passen~er Safety Week. 1 April 26, 1983 238 . Mayor Edwards presented a proclamation for Child Passenger Safety Week to Joann Levitt and Arlene Delmond, and proclaimed May 7 - 14 Child Passenger Safety Week in Santa Monica. 4-D: Presentation of Proclamation for National Farmworker's Week. Mayor Edwards presented proclamation for National Farmworkers' Week to Buckner Coe and proclaimed April 25 - May 1 National Farmworkers' Week in Santa Monica. PRESENTATION TO CITY, The City was honored by the State Senate and commended by the County of Los Angeles for its recycling program. Mayor Edwards made presentations on behalf of Senator Herschel Rosenthal and County of Los Angeles to Stan Scholl, Director of General Services, for their continued efforts on the recycling program. . 6. CONSENT CALENDAR, The Consent Calendar was presented. Councilmember Conn moved, Councilmember Zane seconded to approve the Consent calendar, with the exception of Items 6-C, 6-E, and 6-H, reading resolutions by title only and waiving further reading thereof. 6-A: The minutes of March 11, and March 15, 1983 were approved. The minutes of February 22, 1983 were continued to May 10, 1983. 6-B: Resolution No. 6671(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-D: Recommendation to adopt resolution, thereby indicating approval of the filing of an application for $78,889 to the Los Angeles Area Agency on Aging for the Santa Monica Senior Nutrition and Recreation Program. Withdrawn at the request of staff. . 6-F: A recommendation to reject all bids for Bid No. 1817 for debris hauling services and direction to staff to initiate a new bidding process with new bid specifications. and recommendation to approve payment of existing future invoices for hauling services in amount not to exceed $30,000 until a purchase order is issued was approved and Resolution No. 6677(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR DEBRIS HAULING SERVICES," was adopted. 2 April 26, 1983 . . . . . 239 6-G: Resolution No. 6674(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS. (SR-83-46)," was adopted, setting a hearing for May 24, 1983 on the assessment of costs to repair damaged sidewalks, driveways and curbs on Nineteenth and Twenty-first Streets. 6-1: Bid No. 1820 was awarded to to S & S Welding at hourly rate quoted for the period from April I, 1983 through March 31, 1984 with two one-year optional extensions, as the lowest and best bidder for portable welding services. 6-J: Recommendation to award Bid No. 1843 to Instant Replay in the total amount of $9,824.35 including-tax, as the lowest and best bidder, for surveillance s~stem for Police Department. Withdrawn at the request of staff. 6-K: Bid No. 1846 was awarded to International Harvester in the total amount of $235,861.82, including tax, as the lowest and best bidder for refuse collection trucks. 6-L: Bid No. 1847 was awarded to Glotane Corporation at unit prices quoted through January 31, 1984 as the lowest and best bidder for propane conversion of City Vehicles. 6-M: Bid No. 1849 was awarded to Associated Diesel ~n the total amount of $22,201.60, including tax, as the lowest and best bidder, for repowering fire engine No. 6 for Fire Department. 6-N: Bid No. 1851 was awarded to Western Bandag, at unit prices offered for period from April I, 1983 through March 31, 1984, as the lowest and best bidder for tire recapping, that all bids on 11.00 x 20 and 12.5 x 22.5 recapping rejected. 6-0: Bid No. 1852 was awarded to the following companies in the total amount of $26,533.96 including tax, as the lowest and best bidders: 1) Western Water Works on items 7, 14, 16, 17, 21, 22, 23, 24, 25, 34, 35, 36, 37, 38, 45, 47, 48, 49, 51, 53, 59, 60, 63, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79: 2) James Jones Company on items 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 15, 18, 19, 50, 52, 61, 62: 3) H. C. Lawson Company on items 12, 26, 27, 28, 29, 30, 40, 46, 54, 55, 57, 58~ 4) Certainteed Parkson on items 20, 31, 32, 33, 39, 41, 42, 43, 44, 56, 65 for brass fittings for use in Water Division. 6-P: Bid No. 1856 was awarded to American Briston Industries, Inc. in total amount of $16,397.88, including 3 April 26, 1983 240 . tax, as the lowest and best bidder for modification of Fire Department Air-fill facility. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None Absent: Councilmembers: None 6-C: Resolution establishins ~remium pay and update on clerical reclassifications. The City Manager presented staff report concerning premium pay for the secretary to the Police Chief, Senior Secretary in General Services and Senior Secretary in Transportaion. Discussion followed. . Mayor Pro Tem~re Press moved that the proposed $50 increase in salary be doubled to $100. No second. Discussion continued. Councilmember Epstein moved, Councilmember Reed seconded that report be referred back to staff to look at reclassification as an alternative. Susan McCarthy, Director of Personnel responded to questions from Council. Discussion continued. Councilmember Jennings proposed a substitute motion to approve the resolution and instruct staff to check whether the same criteria is applied to similar situations. Councilmember Epstein accepted the substitute motion. Councilmember Reed, who seconded the original motion, declined to withdraw her second. Subsequently, Councilmember Conn seconded the substitute motion. Discussion followed after which Councilmember Jennings withdrew his substitute motion and Councilmember Conn withdrew his second. The original motion failed by the following roll call vote: Affirmative: Councilmembers: Epstein, Reed and Mayor Edwards . Negative: Councilmembers: Conn, Jennings, Press, and Zane Councilmember Zane moved, Councilmember Conn seconded to adopt Resolution No. 6672(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PREMIUM PAY FOR THREE CLERICAL POSITIONS," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: 4 April 26, 1983 . . . . . 241 Affirmative: Councilmembers: Conn, Epstein, Jennings, Press and Zane Negative: Councilmembers: Reed and Mayor Edwards Absent: Councilmembers: None Councilmember Jennin~s moved, Councilmember Press seconded and it was unanimously approved to direct staff to report back to Council on how they recommend to go about determining whether other positions in the City apply to this criteria. 6-E: Recommendation to re~ect the one and only bid received from Chi~uita Canyon Landf~ll for Bid No. 1818 and adoption of resolution requestin~ the City Mana~er to ne90tiate directly for landfill services; approval of payment of existing invoices for landfill services and future invoices not to exceed $75,000 to cover landfill service cOsts until a new purchase order is issued. Stan Scholl, Director of General Services responded to questions of Council. After discussion, Councilmember Epstein moved, Councilmember Conn seconded to accept staff recommendation to adopt Resolution No. 6673(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING !DIRECT NEGOTIATION FOR PURCHASE OF REFUSE LANDFILL SERVICES," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers: Reed Absent: Councilmembers: None !6-H: Recommendation to approve the transfer of $4,000 to I'com~lete payment on Palisades Park Walkway resurfacing proJect. :After brief discussion, Mayor Pro Tempore Press moved, ICouncilmember Epstein seconded to approve staff report. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None Absent: Councilmembers: None 5 April 26, 1983 242 . 7-A: PUBLIC HEARINGS: 7-A: Public hearin~ on assessments of costs to repair damased sidewalks, driveways and curbs (SR-83-44) at various locations on Eishteenth Street. The City Manager presented staff report. At 8:31 P.M., the public hearing was declared open. Member of the public, Velma B. Latimore spoke in opposition to proposed resolution. Councilmember Conn moved, Councilmember Zane seconded to acknowledge complaint of Velma B. Latimore and letter received of David Simon and to close the public hearing. The motion was unanimously approved to close the public hearing at 8:40 P.M. Councilmember Conn moved that the resolution be adopted overruling complaints. The motion was not seconded. Councilmember Zane moved, Councilmember Conn seconded to exclude 1760 - 18th Street from assessment pending further investigation and adopt Resolution No. 6675{CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-83-44)," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: . Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None Absent: Councilmembers: None 7-B: Public hearins on sidewalk construction on the east side of Neilsen Way between Pica Boulevard and Bay Street and Bicknell Avenue and Strand Street. The City Manager presented the staff report. There being no one to address Council, Councilmember Epstein moved, Councilmember Zane seconded and motion carried unanimously to close public hearing at 8,43 P.M. Councilmember Epstein moved and Councilmember Zane seconded to adopt Resolution No. 6676{CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE SIDEWALKS ON THE EAST SIDE OF NEILSEN WAY BETWEEN PICO BOULEVARD AND BAY STREET AND BICKNELL AVENUE AND STRAND STREET, ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: . Affirmative: Councilmembers: Conn, Epstein, Jennings, press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None 6 April 26, 1983 . , , . " - 243 Absent: Councilmembers: None 10. REPORTS OF COMMISSIONS: 10-A: Report on first Land Use Element workshop br Planning Commissioner Chairwoman, Susan Cloke. Planning Commission Chairwoman Susan Cloke gave a brief report on Land Use and Circulation element. Discussion followed. 11. ADMINISTRATIVE ITEMS: II-A: Recommendation to approve submitted criteria and operational flan for the running of-marathon races in Santa Monica, resc~nd Resolution 5331 and-adopt the resolution establishing these ~rocedures. Withdrawn at the request of staff. Il-B: Recommendation to direct the Ci~y Attorney to amend the street li9hting ordinance introduced July 28, 1981 to state that the Cit~ shall use the 1972 Landsca~in9 and Lighting Act for all street lighting petitions and that tenant initiated petitions shall be accefted in accordance with the applicable Rent Control resolut~on. Withdrawn at the request of staff. ll-C: Recommendation to di~ect the City Attorne~ to prepare an ordinance establishing a preferential parkin9 zone on Vicente Terrace between Ocean Avenue and Appian War with the permit fee set at $25.00 per permit and direct the Community and Economic Development to do an Environmental Assessment of the proposed preferential parking zone. The City Manager presented the staff report. Member of the public, John Jurenka spoke in opposition to preferential parking zones. Councilmember Conn moved and Councilmember Reed seconded to direct the City Attorney to prepare an ordinance establishing a preferential parking zone on Vicente Terrace between Ocean Avenue and Appian Way as a permit fee area and direct the Community and Economic Development to do an Environmental Assessment of the proposed preferential parking zone. After lengthy discussion, the recommendation was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None 7 April 26, 1983 244 . Absent. Councilmembers. None II-D. Recommendation to authorize the Citr Manaser to engage Undersround Survers Corporation in amount of $34,500 for installation of 780 linear feet of pi~e linins for sewer rehabilitation. The City Manager presented the staff report. After brief discussion, Councilmember Erstein moved and councilmember Conn seconded to authorize City Manager to negotiate and execute Contract No. 3898(CCS) with Underground Surveys Corporation in the amount of $34,500 for installation of 780 linear feet of pipe lining for sewer rehabilitation. The motion was approved by the following roll call vote. Affirmative. Councilmembers. Conn, Epstein, Jennings, Press, Reed and Mayor Edwards Negative. Councilmembers. None . Absent. Councilmembers. Zane II-E. Award of contract to Sully-Miller Contractins Company, the lowest responsible bidder, in amount of $1,033,429 for the 1982-83 street resurfacing prosram, appropriation of funds from various accounts, and authorization of City Engineer to issue chanse orders necessary to comRlete the project. The City Manager presented the staff report. After brief discussion, Councilmember Conn moved, Mayor Pro Tempore Press seconded to authorize City Manager to negotiate and execute Contract No. 3899(CCS) with SUlly-Miller Contracting Company in the amount of $1,033,429 for the 1982-83 street resurfacing program, appropriation of funds from various accounts, and authorization of City Engineer to issue change orders necessary to complete the project. After brief discussion, the motion was approved by the following roll call vote. Affirmative. Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: . Councilmembers. None Absent. Councilmembers. None II-F. Request for Closed Session to discuss pending litigation and personnel matters. See page 12. 11-G. Recommendation to authorize City Manager to nesotiate and execute a contract with Annette Perini to conduct lobby activities in Sacramento on behalf of the City. 8 April 26, 1983 . . . . . 245 The City Manager presented the staff report. Councilmember Zane moved and Councilmember Conn seconded to have members of the public speak for three minutes each. The motion was approved with Councilmember Reed opposed. Members of the public: Wayne Bauer, Hank Barnard, Leslie Bennett, John DeBris, C. J. Jones, Betty Mueller, Janet Jacoby, Mallory Pearce, Bina Rosenberg, Karin Polly and Barbara Efros Schulman spoke in favor of hiring a lobbyist. Sean Gaffney, Ulysses Gibson, John Jurenka, Tugrul Uke, and Tom Nitti spoke in opposition. Ernie Powell and Tsargra Grover spoke in opposition to AB 965. After lengthy discussion, Councilmember Zane-moved, Councilmember Conn seconded to accept staff report to authorize City Manager to negotiate and execute Contract No. 3900(CCS) with Annette Perini to conduct lobby activities in Sacramento on behalf of the City. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Press, Zane and Mayor Edwards Negative: Councilmembers: Epstein, Jennings and Reed Absent: Councilmembers: None Councilmember Jennings asked the record reflect his vote 'against AB 965 was made at the March IS, 1983 meeting. Councilmember Reed asked that the record reflect that she will personally lobby in Sacramento, and hiring a lobbyist is a waste of the taxpayers dollar. Il-H: Update on local efforts to deal with the problem of the homeless and recommendations to communicate concerns to County Board of Supervisors. The City Manager presented the staff report. Discussion followed. Vivian Rothstein, Community Liaison, responded to questions from Council. Mollie Lowery, Executive Director of Ocean Park Community Center reported to Council on efforts to deal with the homeless. Member of the public, Wayne Hall, suggested City Hall cut back in staff to open up available funds for the homeless. At 10:58 P.M., Mayor Pro TemfOre Press, moved, Councilmember Conn seconded to extend meet1ng past 11:00 P.M. The motion was approved with Councilmembers Epstein and Reed opposed. Councilmember Epstein moved, Councilmember Jennings seconded to accept staff recommendation and send a letter to the County Board of Supervisors with Council's concerns, and to direct staff to continue contact and cooperation with Westside Shelter Coalition. Discussion followed. The motion was approved by the following roll call vote: 9 April 26, 1983 246 . Affirmative: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmembers: None Absent: Councilmembers: None Councilmember Epstein moved, Councilmember Reed seconded to adjourn the meeting to Tuesday, May 3, 1983. Discussion followed. Councilmembers Epstein and Reed withdrew the motion and second. 13. WRITTEN COMMUNICATIONS: 13-A: Request of Cecilia Stern to discuss application to display clothing on public propertr in fron of her store. Cecilia Stern was not present. Councilmember Reed moved, Mayor Edwards seconded that the report be received and filed. The motion was approved unanimously. . 13-B: Request of Ron Newman to discuss leases of five Section 8 tenants under Rand Corporation. Ron Newman presented his concerns over leases of five Section 8 tenants under Rand Corporation. After discussion, Councilmember E~stein moved, Councilmember Reed seconded to have staff monitor situation and report back to Council in 45 days. The motion was approved by unanimous vote. 14. COUNCILMEMBER ITEMS. 14-A: Appointment of member to the Commission on the Status of Women (continued from March 22 and April 12, 1983). Continued to May 10, 1983. 14-B: Request of Maror Ken Edwards to discuss the schedule of Budget Study Sess1ons. After discussion, it was decided by consensus to have City Manager set up a series of alternative dates to be voted upon at the May 10, 1983 meeting. . 14-C~ Requst of Councilmember Reed to discuss traffic lanes changes on Montana Avenue east of TWenty-sixth Street. After discussion, Councilmember Reed moved, Councilmember Epstein seconded to have staff not implement changes on Montana Avenue east of TWenty-sixth Street and reevaluate situation. Discussion continued. Councilmember Reed moved, Councilmember Epstein seconded to revise original motion to have staff delay changes on Montana Avenue east of TWenty-sixth Street and return to Council with other options due sometimes in July 1983. 10 April 26, 1983 . . . . . l4-D: Request of Councilmember Reed to discuss extent of rk bein9 done on Pier with City employees. Councilmember Reed questioned use of City workers on the Pier instead of submitting the work to bid. Councilmember Reed granted her remaining time to speak to allow Virgil Hollins Business Agent for the Pile Drivers Union to speak. He addressed Council on submitting the work out to bid instead of using City employees. Discussion followed. By consensus, Council decided to have City Attorney meet with Pile Drivers Union to clarify procedures. 14-E: Request of Councilmember Epstein to discuss proposed IE~SOlution opposin9 Communitf college tuition. Councilmember Epstein moved and Councilmember Conn seconded to have the City Attorney prepare a resolution opposing ICommunity College tuition. The motion was approved by the ,\lfollOWing voice vote: Affirmative: Councilmembers: Conn, Epstein, Jennings, i Press, Zane and Mayor Edwards Negative: Counc ilmembers: Reed Absent: Councilmembers: None Councilmember Reed asked that the record reflect that she , oted no because she was on the campaign trail three months aking fun of Council for passing or attempting to pass esolutions such as this one and she will not vote yes now. yor Edwards announced the appointments of Council liaisons o City Boards and Commissions as follows: 'rport Commission - Councilmember Conn rxchitectural Review Board: Councilmember Epstein ~ts,Co~mission - Councilmember Conn pommlsslon on Older Americans - Mayor Edwards Commission on the Status of Women - Councilmember Press kousing Commission - Councilmember Reed randmarks Commission - Councilmember Epstein Library Board - Councilmember Press personnel Board - Councilmember Jennings r:~ning Commission - Councilmember Zane April 26, 1983 247 , L 248 . Recreation and Parks Oommission - Councilmember Reed Social Services Oommission - Councilmember Jennings and Alternate - Mayor Edwards CLOSED SESSION: 11-F: Request for closed Session to discuss pendins litisation and personnel matters. At 11:58 P.M., Councilmember Conn moved, and Mayor Edwards seconded to adjourn to Closed Session. The motion was unanimously approved. At 12:36 A.M., Council reconvened with all members present. The City Attorney's performance was reviewed and Council unanimously approved a 4 percent salary increase, City to pay his PERS, effective immediately. Salary increase is retroactive to his anniversary date, (October 1982). Also, given $3,000 merit bonus. . ADJOURNMENT: At 12:42 A.M., Oouncilmember Conn moved, Mayor Edwards seconded and it was unanimously approved to adjourn the meeting to May 3, 1983, in memory of Brock Robards Darling and Luis Ooria. ATTEST: ffi:";rg4 . Joartf: Jelly City Clerk .~s dwards Mayor . 12 April 26, 1983 .